§ 4586. Civil immunity for child passenger safety technicians and lenders of child passenger restraint systems and booster seats.
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§ 4586. Civil immunity for child passenger safety technicians and lenders of child passenger restraint systems and booster seats.
(a)Technician immunity.-- A child passenger safety technician or sponsoring organization shall not be civilly liable for an act or omission that occurs solely in the inspection, installation or adjustment of a child passenger restraint system or child booster seat in a motor vehicle or in the giving of advice or assistance regarding the installation or adjustment of a child passenger restraint system or child booster seat in a motor vehicle if:
(1)the child passenger safety technician acts in good faith and within the scope of the training for which the technician is currently certified;
(2)the act or omission does not constitute gross negligence or willful or wanton misconduct;
(3)the inspection, installation or adjustment of the child passenger restraint system or child booster seat or the advice or assistance is provided without fee or charge to the owner or operator of the motor vehicle; and
(4)the inspection, installation or adjustment of the child passenger restraint system or child booster seat is not provided in conjunction with the for-profit sale of the child passenger restraint system or child booster seat.
(b)Lender immunity.-- No person or organization who or which lends to another person or organization a child passenger restraint system or appropriately fitting child booster seats, as described in section 4581 (relating to restraint systems), shall be liable for any civil damages resulting from any acts or omission, except any act or omission intentionally designed to harm, or any grossly negligent act or omission resulting in harm to another.
(c)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Child passenger safety technician." An individual who holds a current certification as a child passenger safety technician or technician instructor by the National Highway Traffic Safety Administration of the United States Department of Transportation, the American Automobile Association or other entity designated by the National Highway Traffic Safety Administration.
75c4586v
(Nov. 23, 1987, P.L.399, No.82, eff. imd.; July 15, 2004, P.L.694, No.75, eff. 60 days)